APPLYING TECHNOLOGY TO MARKET LEGAL SERVICES

Hardware Monitors

In my consultations with clients in the three areas in which I practice: Family Law, Wills and the Administration of estates I find that I am working on the computer during a lot of their consultation. In a Family Law consultation I am doing Divorcemate calculations determining child and spousal support , tax implications or net family property amounts. I am also finalizing with the client their Financial statement , conference briefs or affidavits. Or I am taking notes ( I digitalize everything partly because I cannot read my own handwriting). For wills, I am preparing the client's follow up to-do checklist. In an estate consultation, I am recording the assets, going through the task and fee checklist and the client's follow up checklist.

Rather than have my clients look over my shoulder and desk to try and see what I am doing on the computer or wait until I print these forms or checklists for them , a number of years ago I put on my desk a second monitor in front of my clients. My clients love it and are really impressed. I get a lot of positive feedback from just having it there for them. Their monitor improves our communication and expresses that we are partners in the process. The clients make comments as we go along especially to correct my spelling - some ask for a keyboard as my spelling and typing are not great. I then print on the printer in my own office the forms or checklists for the clients which they place in the appropriate spot in their manuals that I provide them.

When I introduced the second monitor I was running windows 98 so it was not quite that simple to install but now with XP it is. A client monitor is really only a small investment but is worth many, many more times the cost.

A project which I have been working on is to have a small powerpoint or simple slide presentation using wordperfect that the client would follow on the client's monitor outlining what I am saying in the standard first consultations.

Photocopier /fax /scanners machines

All the new photocopiers are not just photocopiers and fax machines anymore but now are scanners and send e-mail. I have all incoming faxes e-mailed to my assistant and he e-mail s them immediately to the clients - maybe even before I see them - though there are some files where he has been told I must see the fax first or if he thinks I should see it first he aks me. But there are very few clients' letters or documents I have listed for me to see first. My assistant also scans the incoming mail, regular and courriered, and sends copies immediately to the client . As well, outgoing mail to the other lawyer is either copied and sent to clients by e-mail or pdf'd and sent to the client by e-mail. I have developed a stamp to be put on the file copy to ensure everything is being scanned and sent to the clients. Because my files are also now completely digital as well as papered ( which is a whole other subject) this scanning has to be done anyway so why not go a step further and make sure it is mailed immediately to the client rather than the client having to wait until I have the time to analyze the incoming letter and then call or write them about it when I may not have time to do for a few days or longer depending on my schedule at the time.

My clients therefore have a copy of everything that I have, on a timely basis, which improves our relationship and communication. To organize my clients with all the documentation I have developed client manuals for all three areas of law I practice.

I need to digress from technology to discuss my low/non tech applications of Manuals and Packets which are the cornerstone of my marketing program to produce effective communication, relationships and value added service.

Manuals

To ensure good communication and to make the client an equal partner in the process, the client has to have the same information as the lawyer has in his or her file. I have therefore developed what has become a major component of my practice, the "Client Manual".

For each area of law that I practice I have a substantive manual to hand out to clients. I give it to the clients in the case of Family Law and Administration of Estates, at the first appointment; and for Wills and Powers of Attorney when they sign their documents. Each Manual has a substantive index and tabs.

The Family Law Manual has a number of Articles, some found on my website, but also additional articles, such as how to fill out one's Financial Statement, Net Family Property Statement, an article I wrote about fees, and even an article about understanding a PCLaw account, something which is not that easy for a client, in my opinion. Many articles are of a very practical nature, such as a Map to the Court house and the different parking lots around it. I have a Volume II in Family Law which clients get if they start a legal proceeding, because I then have sections for their documents, the Case conference briefs, the Motion material and Settlement Conference. I also have memos about all of those procedures, in addition to the general procedure memo I have in the first volume, which again gets into the practical details of appropriate attire for court, what my cell phone number is, where to meet, what exactly will happen at the conferences. When I write my client a letter, I three hole punch it and the clients know that it goes in to a specified section of their Manual. If I get letters or documents that I copy and mail to them, they know where to put them in their Manual. They basically have my file but in a different format.

The Administration of Estates Manual gives the clients a copy of the Will, a copy of my fee and task schedule, room for copies of letters, a section for keeping the accounting among other things.

My Wills and Powers of Attorney Manual, which they get when they sign up has what I call my "After the fact" articles on what to do when death occurs, what an executor does , an article about gifts and inheritance to children (give depreciation assets before marriage and appreciation afterwards and make the gift card only to their child), how to make a codicil themselves,( but six reasons why a lawyer should do it) , and how to prepare for an easier administration of the estate. In the Wills and Powers of Attorney Manual I have a number of forms for clients to fill out and kept up to date; such as people to notify, specific burial instructions, where the documents are located , names of personal advisors. I just happen to have typed my name on that form. In the pocket of the Manual I give information about donating organs, just as in the pocket of the Family Law Manual I give all the free government publications of which we lawyers are the sole distributors, but in addition I enclose the application for the Child Tax Benefit, and CPP Pension Credit Splits.

These manuals fulfill a number of purposes, mainly, achieving good communications and working relationship components of client service. But they also are major value added components of my product. And they cost little to do after initial set- up.

While I'm talking about value added components, two items that I add to a Will file which are "value added" are that once a client signs up a Will, I write their executors a standard letter that tells them where the Will is located. The letter also includes an article on their duties, and an article on Powers of Attorney and tells them that this Manual contains the type of information they should look for. It also brings home the seriousness of being an executor. Another task is, if the client has done a previous will with another lawyer , is send a direction to the other lawyer to ensure that the other Will is sent back to the client for destruction, rather than leaving it for the client to do that. There are many more value added benefits that I plan to do, such as get more information about support groups in family law and information about bereavement for my clients. I have a little data on the resource page of my website, but there is much more I could do and plan to do.

CD Maker

Since I will have everything on the file in a digital format, I am considering at the end of a matrimonial file, in addition to having given clients everything to put in their manual, providing them with a CD of their file. This digital version hopefully will not be misplaced as easily and will probably be organized better than they organized their manuals.

Voicemail

Though almost all law firms have a voice-mail system I find the odd small and solo firms do not . I think that it is essential that they do. Yes, clients do not want to be stuck in voice-mail hell but they want and expect the opportunity to leave messages after hours or when their lawyer is busy or not in the office. Voice-mail improves communication. I think voice-mail , as I find most but not all lawyers do, should be changed everyday, in order to advise the client when the lawyer is available that day. Voice-mail can also be used to advertise. The after hours message should state the URL of the firm website to obtain further information. Instead of silence or music while a client is on hold a short commercial for the firm website could be made.

Websites

About three and a half years ago I wrote an article entitled "Some Thoughts on Producing and Marketing A Law Firm Website" for a Law Society Conference. It can be found on my website (www.thepascoedifference.com). In this paper I would like to summarize and update some major principles that I have about websites, as I believe websites are the major promotional tool that the lawyer, especially a solo or small firm lawyer, has.

Are Lawyer Websites Worth the Effort? How does one know?

In my experience, it is definitely worth the effort for a solo or small firm lawyer to have a website provided it is done right. I obtain a lot of business from my website. I know this because I cannot open a file in PCLaw without knowing how that client came to me. I then have PCLaw printout how much business I obtain from each type of referral. I obtain enough business from my site to make it more than worth while. I also got a head start because I sold my original website name "KnowYourRights.com " for $10,000 ( American when it was worth something) to a Minnesota law firm.

A Website Cannot Be Simply an Electronic Brochure

Too many law firm websites are nothing more than a large electronic brochure that offers the client very little information to judge whether the client should choose that lawyer - which is the main purpose of any advertisement. A simple brochure website also shows the prospective clients the lawyer has not made the effort to produce a useful website so perhaps the firm is not up to date on their technology and not up to date on client service.

Content

The nature of the web is that it contains volumes of free information. Law firm sites should be no different. Some lawyers have said they do not want to give away free information and therefore don't have substantive articles on their sites. However, prospective clients are still going to need a lawyer even if they have some written information on a subject . I believe lawyers will never get the client on account of their websites if they don't convince the client with their expertise. Having an article on a topic of interest to the client will help show the client that the lawyer has some expertise in that area of law and that the lawyer is willing to give out some free information. It takes time to build up articles but it is well worth it.

Many experts say that websites should be changed and updated frequently so prospective clients keep coming back. I believe that is a major myth and simply does not apply to lawyer websites as they are trying to attract mostly onetime clients and it does not matter that the articles are not fresh so long as they are not out of date in a major way. However as will be discussed changing a website helps in the all important Google rating.

The unlimited content of the website allows a lawyer to get into more detail about him or herself. A prospective client wants to know a lot more about a lawyer than just when they graduated. I suggest having a curriculum vitae about oneself as though you were applying for a job rather than just a short paragraph which most lawyers have. I try in my website to be somewhat humorous to set clients at ease. I get a lot of positive feedback about my humour as clients say it is refreshing to see humour coming from a lawyer.

Hype

Today's consumers do not want hype. They are tired of it and know general platitudes mean nothing. I don't like many of the slogans that lawyers use on their sites because they are very similar ("a full service law firm") and mean nothing. I personally do not like testimonials either because they seem phony though they are being used more by lawyers in print ads.

Interactivity

The internet is not the same as other advertising media not just because of unlimited volume but because the internet can be interactive. Again, clients expect, as they are used to on other websites, a lawyer's website to be interactive in some ways. I have a legal quiz which a visitor can play and then look up the answers. I have many of my intake and informational forms on my site which originally and quickly allow a client to fill them out and e-mail them to me. I am having spamming problems with them right now. The forms on the site allow the client to know what information is needed for their type of file and allows them the ability to fill them out at home where they have more time and can find the information.

Service

A lawyer's website should not just be a promotional tool but also a value added service tool. My intake forms are of service but I also have a client's page where a client can pick up refills of my forms that they should be filling out for their Will and Powers of Attorney Manual. I have a consent to travel form and indexes for their manuals if they are filling them out and need fresh copies. There are many more items I could add to this list and hopefully will in the future. My site contains other forms and articles of interest to clients and has a small resource page which I wish to expand but in the meantime lists excellent resource sites by other lawyers such as Joel Miller's and Gene Coleman's family law sites

Design

Clients are looking for content on a lawyer's website and therefore fancy graphics are not needed or wanted and can be a deterrent if they slow down loading a page. The general rule of three layers deep is important. As well, I think to make it easier for clients, it is important to package the information in one place. I have done that by having three separate packets for each of the three areas of law I practice. Each contain an introduction, information about me, the basic articles, the information forms to fill out , the fee schedules and finally my survey contests. These packets are also put in pdf format so to be easily printed by the client . They can also therefore be easily e-mailed out and printed out, or mailed for clients not using the internet.

There is no need to hire an expensive web designer. I have used university students to do my website.

Fun

Have fun with your website. On my resource page I have links to the websites to the Ottawa Senators, the Ottawa Lynx , my golf club maker, my personal trainer, my weight doctor, my actress cousin, my author sister and my two sons. I even have 3 mp3 files of my son's former rock band that he was lead singer in. I mention you can buy his CD at Sam the Record Man in Toronto and ask that you do as the proceeds will help make sure he does not move back home.

I also have pictures of me with the Jason Spezza of the Ottawa Senators, the Lynx mascot and Yuppie who was the Montreal Expo's mascot , though now that he has been traded to the Montreal Canadiens I may have to drop that picture. As photography is a hobby of mine I am considering putting on some photographs I have taken such as the ones displayed in my office . I have seen that on another lawyer's website.

Promoting Websites

Unless you can get Oprah to mention your website ( which would get you millions of hits within an hour) lawyers have to work hard at letting people know about their site. The main way to direct traffic to one's site is to have a high Google ranking. There is a science to google ranking that should be applied even if it costs. I have a program called WebPosition Gold that came with a book entitled "Search Engine Optimization with WebPosition Gold 2" published by Wordware which my assistant has used to help by Google ranking. Basically Google ranks a site based on how often it is legitimately changed and how many other sites are linked to your site which is really why there are all these link exchange programs. I have been contemplating setting up a section on my resource page allowing my clients who have websites to link to mine if they want which would help their ranking and mine if they would reciprocate.

Your website should be prominently displayed in all one's correspondence, ads as well as one's business card. My wife would probably not let me go as far as putting it on my car yet. I was not allowed to use television ads either.

Email

Rather than have long blurbs in both languages about the confidentiality issue at the bottom of email's I suggest this space be used for marketing, such as reminding people about one's website, or a line reminding them to update their will or announcing a new article on your website.

I have long planned, but never done, a mass email to all my clients when a new article is written for my site. I believe there are free websites that help you do this.

Wordprocessing

There are many simple useful applications in wordperfect that add value. I use the line numbering for will drafts so it is easier for clients to reply back as to changes. We often use the table of contents and indexing feature for separation agreements so it is easier for clients to find something in an agreement. And, like most lawyers , I have very long standard introduction and reporting letters which are customized for the particular fact situation of the client. I also always have my court arguments typed up from dictation even for a case conference so as to ensure I don't forget something and because I can not read my own handwriting. I always give these notes to my clients before going into court for their comments and so they have a record of what I am arguing.

Wordperfect has a table application that does simple arithmetic calculations. I use the tables to present to-do lists and use the math function to determines fees in estate files.

Powerpoint

I hope to have a Powerpoint presentations developed for standard first interviews to show both on my client's monitor and to put on my website so prospective clients know in advance what will be discussed at their first consultation.

Flow Charts

I once used a flow chart programme to show graphically the steps in a matrimonial file. I plan on doing it again as well as to use it to show the distribution of assets under a will.

Adobe

Adobe's new professional version has an interesting feature that can send with an email a programme for the receiver of the email to make notes on a draft document and send it back to the lawyer.

Casemap

There is not enough time in this paper to promote the sophisticated useful programme Casemap by Casesoft www.casesoft.com but it is really worth checking out. I have used it and am getting to learn the new version to use it even more to help organize myself and the client. Casesoft also developed Timemap which graphically outlines the events on the case according to time.

Notemap

Casesoft has developed a very sophisticated outlining program called Notemap. I could not do without this program now. I use it to develop my thoughts for any argument or article. I also have templates for consultations and telephone calls so as to ensure I discuss everything I want to discuss, to record what major advice I have given and what everyone is to do next. Often I print out my notes at the end of the consultation so my client has a record right away of what was discussed, what was advised, and most importantly what their tasks are now. I plan on using Casemap's to-do system rather than Notemap as it is more sophisticated and can follow to do's better.